Wilkinson v. Filby
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bond du Lae County. Ejectment, by two of the four heirs of John Wilkinson, for an undivided two-fifth's of a tract of land deeded in 1846 to the widow and heirs of said Wilkinson, then deceased.* A witness for plaintiffs testified that, before service of the summons, he served a written, demand on. defendant, in the name and on behalf of the plaintiffs, for the possession of the land, and that defendant refused to deliver it.
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APPEAL from the Circuit Court for Bond du Lae County. Ejectment, by two of the four heirs of John Wilkinson, for an undivided two-fifth's of a tract of land deeded in 1846 to the widow and heirs of said Wilkinson, then deceased.* A witness for plaintiffs testified that, before service of the summons, he served a written, demand on. defendant, in the name and on behalf of the plaintiffs, for the possession of the land, and that defendant refused to deliver it. On cross-examination, he said that the summons and complaint were in the sheriff’s hands when the demand was served. Defendant, as a…
1Opinion of the CourtDixon, C. J.
The case of Blackman v. Baumann, 22 Wis. 611, is fully decisive of this. That was a-stronger case for the defendant there than this for the defendant here. It appeared there that the guardian took the oath prescribed by the statute, before making the sale, though not before fixing on the time and place of sale. In this case it does not appear that any oath at all was taken by the guardian; and the consequence is, that no title whatever passed by virtue of his deed.
The learned counsel for the defendant insist very strongly upon the doctrine of equitable estoppel in this case — that the…
2Cases cited5 opinions
- Lessee of Merritt v. HorneOhio Supreme Court · 1855
- Requa v. . HolmesNew York Court of Appeals · 1863
- Benedict v. MontgomerySupreme Court of Pennsylvania · 1844
- Wilson v. BiggerSupreme Court of Pennsylvania · 1844
- Blackman v. BaumannWisconsin Supreme Court · 1868
3Cited by7 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Blodgett v. HittWisconsin Supreme Court · 1871
- Bachelor v. KorbNebraska Supreme Court · 1899
- Burns v. CooperCourt of Appeals for the Eighth Circuit · 1905
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